Chapter 323

323.29(3) (3) Department duties and powers.

323.29(3)(a) (a) The department shall do all of the following:

323.29(3)(a)1. 1. Provide staff support for the council.

323.29(3)(a)2. 2. Administer the current and the future statewide public safety interoperable communication system.

323.29(3)(a)3. 3. Oversee the operation of the current statewide public safety interoperable communication system.

323.29(3)(b) (b) The department may do any of the following:

323.29(3)(b)1. 1. Charge a public safety agency that is a state agency a fee for use of the statewide public safety interoperable communication system under this section.

323.29(3)(b)2. 2. Charge a person that is not a state agency a fee for use of the statewide public safety interoperable communication system under this section.

323.29(3)(b)3. 3. Enter into agreements for maintenance and support of the current statewide public safety interoperable communication system and enter into agreements for maintenance and support of, upgrades to, and enhancements for a replacement statewide public safety interoperable communication system after it has been procured.

323.29(4) (4) Director of emergency communications. The adjutant general shall appoint a director of emergency communications within the division to serve at the pleasure of the adjutant general outside the classified service. The position shall be funded from the appropriation under s. 20.465 (3) (q).

323.29(5) (5) Grant program for public safety interoperable communication system upgrades.

323.29(5)(a) (a) The department shall award grants to local units of government that have participating agencies and entities identified under sub. (2) (a), using the criteria under par. (b) 2.

323.29(5)(b) (b) The department shall establish guidelines for grants under par. (a) that are based on the recommendations of the council under sub. (2) (g). Notwithstanding s. 227.10 (1), guidelines under this paragraph need not be promulgated as rules under ch. 227 and shall specify all of the following:

323.29(5)(b)1. 1. Appropriate purposes for the grants, which shall relate to public safety interoperable communication system upgrades.

323.29(5)(b)2. 2. Eligibility criteria for the grants, which shall include, at a minimum, all of the following:

323.29(5)(b)2.a. a. A requirement that a local unit of government’s governing body submit a resolution or other written commitment indicating the local unit of government’s intention to spend, of its own funds, an amount equal to 20 percent of the total grant awarded under par. (a) on the public safety interoperable communication system upgrades.

323.29(5)(b)2.b. b. If a local unit of government whose agencies or entities under sub. (2) (a) are not currently daily users of the statewide public safety interoperable communication system, but would like to be considered daily users for the purpose of receiving a grant under par. (c), a requirement that the local unit of government’s governing body submit a resolution or other written commitment indicating its intention to join the replacement statewide public safety interoperable communication system required under 2021 Wisconsin Act 58, section 9131 (1) (c), when that system becomes available.

323.29(5)(b)2.c. c. Authorized uses for the grant funding, including that any radios purchased with the grant funding must be 700/800 MHz P25 Phase II-compliant and capable of operating on the state’s upgraded public safety interoperable communication system.

323.29(5)(c) (c) Beginning on March 29, 2024, and for 4 years thereafter, the department shall award 70 percent of the grants under par. (a) to local units of government whose agencies or entities identified under sub. (2) (a) are daily users of the statewide public safety interoperable communication system, and the department shall award 30 percent of the grants under par. (a) to local units of government whose agencies or entities identified under sub. (2) (a) are not daily users of the statewide public safety interoperable communication system.

323.29(5)(d) (d) Grants under par. (a) may be prioritized to correlate the timing of the receipt of grant funding with the timing of infrastructure for the replacement statewide public safety interoperable communication system required under 2021 Wisconsin Act 58, section 9131 (1) (c), becoming available in the geographic area of the grant recipient.

323.29 History History: 2007 a. 79; 2009 a. 180; 2013 a. 20; 2017 a. 59 ss. 169e to 169s, 1673h to 1673t, 1892c to 1892x; 2019 a. 9; 2021 a. 58; 2023 a. 221.

323.2911 323.2911 Public employee health insurance coverage. Notwithstanding s. 40.02 (40), for the purpose of group health insurance coverage offered by the group insurance board under subch. IV of ch. 40, if an employee who was on a leave of absence returns from leave, even if the employee has not resumed active performance of duty for 30 consecutive calendar days on March 12, 2020, due to the public health emergency declared by executive order 72, the leave of absence is deemed ended or interrupted on that date.

323.2911 History History: 2019 a. 185.

323.2912 323.2912 Suspension of limited term appointment hours. Notwithstanding s. 230.26 (1), the director of the bureau of merit recruitment and selection in the division of personnel management in the department of administration may increase or suspend the number of hours for a limited term appointment for the duration of the public health emergency declared on March 12, 2020, by executive order 72.

323.2912 History History: 2019 a. 185.

323.2913 323.2913 Use of annual leave during probationary period by state employee. Notwithstanding s. 230.35 (1) (b), a state employee may take annual leave within the first 6 months of the employee’s probationary period upon initial appointment during the public health emergency declared on March 12, 2020, by executive order 72. If an employee who has taken annual leave under this section terminates his or her employment before earning annual leave equivalent to the amount of annual leave the employee has taken, the appointing authority shall deduct the cost of the unearned annual leave from the employee’s final pay.

323.2913 History History: 2019 a. 185.

323.2915 323.2915 State civil service grievance procedures.

323.2915(1) (1) Notwithstanding s. 230.445 (2) and (3), an employee does not waive his or her right to appeal an adverse employment decision if the employee does not timely file the complaint or appeal during the public health emergency declared on March 12, 2020, by executive order 72. The tolling period under s. 230.445 (3) (a) 1. begins 14 days after the termination of such public health emergency.

323.2915(2) (2) Notwithstanding s. 230.445 (3) (a) 2., an appointing authority or his or her designee is not required to meet with a complainant in person during the public health emergency declared on March 12, 2020, by executive order 72, when conducting an investigation under s. 230.445 (3) (a) 2.

323.2915 History History: 2019 a. 185.

subch. III of ch. 323 SUBCHAPTER III

DISASTER ASSISTANCE PROGRAMS

323.30 323.30 Federal disaster assistance.

323.30(1) (1) The adjutant general shall make payments from the appropriation under s. 20.465 (3) (e) to pay this state’s share of grants to individuals and to provide a share of any required state share of contributions to local governments, as defined in 42 USC 5122 (8), for major disaster recovery assistance. Payment of this state’s share of any contribution to a local government under this subsection is contingent upon copayment of that share by the local government, but not to exceed 12.5 percent of the total eligible cost of assistance. No payment may be made under this subsection without the prior approval of the secretary of administration.

323.30(2) (2) Payment under sub. (1) shall be issued to a local unit of government within 30 days after the completion of all of the following:

323.30(2)(a) (a) The federal emergency management agency has approved a project and distributed federal emergency assistance funding to the state.

323.30(2)(b) (b) The adjutant general has received all appropriate state and federal forms from the local unit of government.

323.30(2)(c) (c) The local unit of government has fulfilled all other state and federal requirements.

323.30 History History: 2009 a. 42 s. 95; Stats. 2009 s. 323.30; 2019 a. 159.

323.31 323.31 State disaster assistance. From the appropriations under s. 20.465 (3) (b) and (s), the adjutant general shall make payments to retail electric cooperatives, as defined in s. 16.957 (1) (t), to local governmental units, as defined in s. 19.42 (7u), and to federally recognized American Indian tribes and bands in this state for the damages and costs incurred as the result of a disaster if federal disaster assistance is not available for that disaster because the governor’s request that the president declare the disaster a major disaster under 42 USC 5170 has been denied or because the disaster, as determined by the department of military affairs, does not meet the statewide or countywide per capita impact indicator under the public assistance program that is issued by the federal emergency management agency. To be eligible for a payment under this section, the retail electric cooperative, local governmental unit, or tribe or band shall pay 30 percent of the amount of the damages and costs resulting from the disaster. The department of military affairs shall promulgate rules establishing the application process and the criteria for determining eligibility for payments under this section.

323.31 History History: 2009 a. 42 s. 96; Stats. 2009 s. 323.31; 2019 a. 9.

subch. IV of ch. 323 SUBCHAPTER IV

LIABILITY AND EXEMPTIONS

323.40 323.40 Responsibility for worker’s compensation.

323.40(1) (1) Employees of local unit of government. An employee of a local unit of government’s emergency management program is an employee of that local unit of government for worker’s compensation under ch. 102 unless the responsibility to pay worker’s compensation benefits are assigned as provided under s. 66.0313 or under an agreement between the local unit of government and the state or another local unit of government.

323.40(2) (2) State agency volunteers. A volunteer who registers with a state agency to assist the agency without compensation, other than reimbursement for travel, lodging, or meals, during a disaster, an imminent threat of a disaster, or a related training exercise is considered an employee of the agency for worker’s compensation under ch. 102, for purposes of any claim related to the assistance provided.

323.40(3) (3) Local unit of government volunteers.

323.40(3)(a) (a) Except as provided in par. (b), an individual who registers in writing with a local unit of government’s emergency management program to provide his or her own labor without compensation, other than reimbursement for travel, lodging, or meals, during a disaster, an imminent threat of a disaster, or a related training exercise is considered an employee of the local unit of government for worker’s compensation under ch. 102 for purposes of any claim relating to the labor provided.

323.40(3)(b) (b) This subsection does not apply to an individual’s provision of services if s. 257.03 applies.

323.40 History History: 2009 a. 42.

323.41 323.41 Liability of state or local unit of government.

323.41(1) (1) Employee of local unit of government. An employee of a local unit of government’s emergency management program is an employee of that local unit of government under ss. 893.80, 895.35, and 895.46 for purposes of any claim, unless the responsibility related to a claim under ss. 893.80, 895.35, and 895.46 is assigned as provided under s. 66.0313 or under an agreement between the local unit of government and the state or another local unit of government.

323.41(2) (2) State agency volunteers. Except as provided in s. 323.45, a volunteer who registers with a state agency to assist the agency without compensation, other than reimbursement for travel, lodging, or meals, during a disaster, an imminent threat of a disaster, or a related training exercise is considered an employee of the agency under ss. 893.82 and 895.46, for purposes of any claim related to the assistance provided.

323.41(3) (3) Local unit of government volunteers.

323.41(3)(a) (a) Except as provided in par. (b), an individual who registers in writing with a local unit of government’s emergency management program to provide his or her own labor without compensation, other than reimbursement for travel, lodging, or meals, during a disaster, an imminent threat of a disaster, or a related training exercise is considered an employee of the local unit of government under ss. 893.80, 895.35, and 895.46 for purposes of any claim relating to the labor provided.

323.41(3)(b) (b) This subsection does not apply to an individual’s provision of services if s. 257.03 or 323.45 applies.

323.41(4) (4) Exceptions. This section does not apply if the person’s act or omission involves reckless, wanton, or intentional misconduct.

323.41 History History: 2009 a. 42.

323.42 323.42 Reimbursement of local units of government.

323.42(1) (1) In any calendar year, if the amount the local unit of government is liable for under ss. 323.40 and 323.41 plus losses incurred under s. 323.43 exceed $1 per capita of the local unit of government’s population, the state shall reimburse the local unit of government the amount of the excess.

323.42(2) (2) In addition, the state shall reimburse a local unit of government for any future expenses for worker’s compensation and expenses under ss. 893.80, 895.35, and 895.46 that result from an incident that occurred in a calendar year for which the state reimbursed the local unit of government under sub. (1).

323.42(3) (3) Except as provided in sub. (4), any reimbursement under sub. (1) or (2) shall be made from the appropriation in s. 20.465 (3) (a) upon approval of the adjutant general.

323.42(4) (4) Any reimbursement under sub. (1) or (2) for an amount for which a local unit of government is liable based on a worker’s compensation claim under s. 323.40 (3) for an injury incurred before, on, or after July 2, 2013, shall be made from the appropriation in s. 20.465 (3) (am) upon approval of the adjutant general.

323.42 History History: 2009 a. 42; 2013 a. 20.

323.43 323.43 Bearing of losses. Subject to s. 323.42, any loss arising from the damage to or destruction of government-owned equipment utilized in any authorized emergency management activity shall be borne by the owner of the equipment.

323.43 History History: 2009 a. 42 s. 116; Stats. 2009 s. 323.43.

323.44 323.44 Public shelters.

323.44(1) (1) Any person owning or controlling real property who voluntarily and without compensation permits the state or any of its political subdivisions to inspect, designate, and use the whole or any part of the real property for the purpose of sheltering persons during a disaster, an imminent threat of a disaster, or a related training exercise is immune from civil liability for negligently causing the death of or injury to any person on or about the real property while it is being used to shelter persons during a disaster, an imminent threat of a disaster, or a related training exercise, if the owner or controller has complied with sub. (2).

323.44(2) (2) Any person owning or controlling real property who gratuitously grants the use of that real property for the purposes stated in sub. (1) shall make known to the licensee any hidden dangers or safety hazards which are known to the owner or occupant of the real property that might possibly result in death or injury or loss of property to any person making use of the property.

323.44 History History: 1979 c. 361 ss. 56, 112; Stats. 1979 s. 166.09; 2009 a. 42 s. 150; Stats. 2009 s. 323.44.

323.45 323.45 Providers of equipment and other items.

323.45(1) (1) Except as provided in subs. (2) and (4), no person who provides equipment, materials, facilities, labor, or services is liable for the death of or injury to any person or damage to any property caused by his or her actions if the person did so under all of the following conditions:

323.45(1)(a) (a) Under the direction of the governor, the adjutant general, the governing body, chief or acting chief executive officer, or head of emergency management of any local unit of government or federally recognized American Indian tribe or band in this state, the department of health services if that department is designated by the governor under s. 323.10, or the local health department acting under s. 251.05 (3) (e).

323.45(1)(b) (b) In response to enemy action, a disaster, or a federally declared state of emergency or during a state of emergency declared by the governor.

323.45(2) (2) This section does not apply if the person’s act or omission involved reckless, wanton, or intentional misconduct.

323.45(3) (3) This section does not affect the right of any person to receive benefits to which he or she otherwise would be entitled under the worker’s compensation law or under any pension law, nor does it affect entitlement to any other benefits or compensation authorized by state or federal law.

323.45(4) (4) 

323.45(4)(a) (a) This section does not apply to a person’s provision of services if s. 257.03 or 323.41 applies.

323.45(4)(b) (b) This section does not apply to a person’s provision of facilities if s. 257.04 or 323.44 applies.

323.45 History History: 2009 a. 42 ss. 117, 310; Stats. 2009 s. 323.45; 2021 a. 243.

subch. V of ch. 323 SUBCHAPTER V

EMERGENCY LOCATION AND
CONTINUITY OF GOVERNMENT

323.50 323.50 Definitions. In this subchapter:

323.50(1) (1) “Interim successor” means a person designated under this subchapter, if the officer is unavailable as the result of enemy action, to exercise the powers and discharge the duties of an office until a successor is appointed or elected and qualified as provided by law or until the lawful incumbent is able to resume the exercise of the powers and discharge the duties of the office.

323.50 Note NOTE: Sub. (1) is amended by 2009 Wis. Act 42, effective the day after the secretary of state notifies the legislature that an amendment to the Wisconsin Constitution has been approved that requires the legislature to provide for temporary succession to the powers and duties of public offices for the period of an emergency resulting from a cause other than an enemy action, to read as follows:

Effective date text (1) “Interim successor” means a person designated under this subchapter, if the officer is unavailable as the result of a disaster or the imminent threat of a disaster, to exercise the powers and discharge the duties of an office until a successor is appointed or elected and qualified as provided by law or until the lawful incumbent is able to resume the exercise of the powers and discharge the duties of the office.

323.50(2) (2) “Office” includes all state and local offices, the powers and duties of which are defined by law, except the office of governor, and except those in the legislature and the judiciary.

323.50(3) (3) “Officer” means a person who holds an office.